HomeMy WebLinkAboutCouncil - 2016-08-08 SSPECIAL COUNCIL MINUTES
AUGUST 8, 2016 CITY OF KITCHENER
A special meeting of City Council was held at 10:12 a.m. this date, chaired by Mayor B. Vrbanovic
with all members present except Councillors Z. Janecki and F. Etherington.
Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant
to Chapter 25 (Council Procedure) of the Municipal Code.
NOTICE OF MOTION — CROSSING GUARD — DOON SOUTH
Councillor Y. Fernandes gave notice that she would introduce a motion this date requesting a
crossing guard for the intersection of Doon Village Road and Doon South Drive starting September
2016.
In response to questions, Mr. K. Carmichael, Interim Director, Transportation Services, advised based
on previous studies, it was determined the subject intersection did not warrant a crossing guard. He
added the school board recently decided to relocate the Grade 5 students that were attending Doon
Public School to J.W. Gerth Public School; thereby increasing the age of the children crossing at this
intersection. He confirmed that traffic calming measures are anticipated to be installed in this area in
2017, which should reduce the speed of vehicles traveling along these roads. He confirmed staff
would be willing to re- examine the subject intersection once school begins in September and
estimated it should be possible to have those studies completed by October 2016.
A motion was brought forward by Councillor K. Galloway - Sealock, seconded by Councillor P. Singh,
to defer consideration of Councillor Fernandes' motion to on or before the November 7, 2016 special
Council meeting to allow time for staff to undertake the necessary studies of the subject intersection.
Moved by Councillor K. Gal loway-Sea lock
Seconded by Councillor P. Singh
"That consideration of the following motion be deferred to on or before the November 7,
2016 special Council meeting to allow time for staff to undertake a study as to whether a
crossing guard is warranted at the intersection of Doon Village Road and Doon South Drive:
`WHEREAS 5445 vehicles per day have been recorded traveling on Doon South Drive
(near Doon Village Road), with 85th percentile speeds of 61.6 km /h northbound, and
59.0 km /h southbound; and,
WHEREAS Doon Public School has an enrollment of approximately 500 students, with
ages range from 9 -13 years old, many of whom traverse the intersection of Doon Village
Road and Doon South Drive to get to school; and,
WHEREAS numerous people in attendance at the June 21, 2016 and June 23, 2016
Public Information Sessions expressed concern regarding the volume and speed of
vehicles at the Doon Village Road and Doon South Drive intersection, and,
WHEREAS requests have been made in the past by both Kitchener and Waterloo
Regional Councillors to address pedestrian safety at this intersection,
THEREFORE BE IT RESOLVED that a crossing guard be located at the intersection of
Doon Village Road and Doon South Drive starting September 2016. "'
A recorded vote was requested.
In Favour: Mayor B. Vrbanovic and Councillors S.
Davey, D. Schnider, J. Gazzola, K. Galloway - Sealock,
P. Singh and B. loannidis
Contra: Councillors Y. Fernandes and S. Marsh
Absent: Councillors Z. Janecki and F. Etherington
Carried.
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2. FCS -16 -116 — DOG DESIGNATION APPEAL COMMITTEE — SORENSON / SMITH
Council considered Finance and Corporate Services Department report FCS -16 -116 (D. Livingstone),
dated July 13, 2016.
Moved by Councillor Y. Fernandes
Seconded by Councillor D. Schnider
"That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms.
Jodi Sorenson and Mr. Alonzo Robin Smith, wherein the Committee confirms the Dangerous
Dog Designation applied to their dog `Titus' and modifies the conditions for the keeping of said
dog, be ratified and confirmed."
Carried.
3. PROPOSED PLANNING AND DEVELOPMENT ADVISORY COMMITTEE
On motion by Councillor P. Singh, seconded by Councillor B. loannidis, the motion to direct staff to
investigate the potential establishment of a Planning and Development Advisory Committee was
brought forward for consideration, with modified wording to include citizen members as part of the
Committee's composition.
In response to questions, Mr. R. Regier, Executive Director, Economic Development, confirmed the
Economic Development Advisory Committee's (EDAC) membership currently includes
representatives from the building industry. He acknowledged EDAC has previously provided
feedback on various planning studies.
Responding to questions, Mr. A. Pinard, Director of Planning, advised feedback on planning studies
is typically sought from a number of the City's existing advisory committees. He indicated that
depending on its structure, the proposed Committee would most likely have staffing and resource
impacts on both the Planning and Legislated Services Divisions. He acknowledged that unless the
Committee replaced a current engagement opportunity, bringing studies before it would increase the
amount of time needed to complete those projects.
Questions were raised regarding the 2016 -2019 Business Plan prioritization process, and Mr. M.
May, Deputy CAO - Community Services, confirmed the creation of a development advisory
committee was ranked 76 out of the 109 proposed projects during that process; and, received points
from only one member of Council.
A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, to
defer consideration of Councillor Singh's motion until the August 29, 2016 Council meeting.
Councillor Gazzola's deferral motion was voted on and was LOST.
Moved by Councillor P. Singh
Seconded by Councillor B. loannidis
"WHEREAS public consultation and feedback play a critical role in the development of major
planning policy documents and helps to inform Council's decision making process; and,
WHEREAS transparent channel of communication between the development community and
the City of Kitchener can serve to provide a balanced perspective towards the City's growth
objectives and help form a more cooperative partnership; and,
WHEREAS the City of Kitchener currently has eight formal advisory committees mandated to
provide advice to Council on a range of topics from arts and culture to environmental issues to
economic development; and,
WHEREAS the City of Kitchener 2015 -2018 Strategic Action Plan lists nine planning projects
which are currently being undertaken by Planning staff or are anticipated to commence with
the next few years;
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THEREFORE BE IT RESOLVED that staff be directed to investigate and explore options for
the potential establishment of a Planning and Development Advisory Committee comprising of
citizen members and a broad cross - section of development industry stakeholders, with a focus
on providing a forum for consultation on major planning policy documents; and,
BE IT FINALLY RESOLVED that a report on the proposed committee and /or related options be
provided on or before the December 5, 2016 Planning and Strategic Initiatives Committee
meeting."
A recorded vote was requested.
In Favour: Councillors S. Davey, D. Schnider, P.
Singh, B. loannidis and S. Marsh
Contra: Mayor B. Vrbanovic and Councillors Y.
Fernandes, J. Gazzola and K. Galloway - Sealock
Absent: Councillors Z. Janecki and F. Etherington
Motion Carried, as Amended.
IN- CAMERA MEETING AUTHORIZATION
Moved by Councillor Y. Fernandes
Seconded by Councillor D. Schnider
"That an in- camera meeting of City Council be held this date to consider three land
acquisition /disposition matters, two personal matters and a matter subject to solicitor - client
privilege."
Carried.
The meeting then recessed at 11:30 a.m. and re- convened at 3:50 p.m., chaired by Mayor B.
Vrbanovic and with all members present except Councillors Z. Janecki and F. Etherington.
Councillor J. Gazzola advised that in accordance with the Municipal Conflict of Interest Act, he has
declared pecuniary interest with Items 1 and 2 of the in- camera session held earlier this date as a
family member is employed by one of the parties discussed. Accordingly, he was not present for the
duration of the discussion.
Councillor P. Singh advised that in accordance with the Municipal Conflict of Interest Act, he has
declared pecuniary interest with Item 2 of the in- camera session held earlier this date as his family
owns real estate next to the property discussed. Accordingly, he was not present for the duration of
the discussion.
INS -16 -086 — FUNDING INCREASE — BATTLER SNOW STORAGE DISPOSAL FACILITY
Council considered Infrastructure Services Department report INS -16 -064 (H. Gross / D. Locke),
dated July 19, 2016. Mr. H. Gross, Director of Engineering Services, Mr. D. Locke, Interim Associate
Director of Operations, and Mr. A. Buchholtz, Associate Buyer, were in attendance to respond to
questions regarding the requested funding increase required to award the tender which has come in
$660,000. higher than the approved budget for the Battler Snow Storage Disposal Facility capital
project.
A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, to
defer consideration of the funding increase for the project to August 29, 2016 to provide additional
time for staff to investigate potential reductions in project scope to reduce the required increase
necessary to award the tender for the Battler Road Snow Storage Disposal Facility capital project.
Councillor Gazzola's motion was then voted on and was LOST on a recorded vote with Councillors J.
Gazzola and Y. Fernandes in favour; and, Mayor B. Vrbanovic and Councillors K. Galloway - Sealock,
S. Marsh, P. Singh, B. loannidis, S. Davey, and D. Schnider voting in opposition. Councillors F.
Etherington and Z. Janecki were absent this date.
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Councillor K. Galloway - Sealock indicated in an effort to reduce the additional funding required for the
project, the size of the melting pad at the snow disposal facility could be decreased as well as the
removal of landscaping and washroom facilities to further reduce the amount of the contract.
A motion was brought forward by Councillor K. Galloway - Sealock, seconded by Councillor J.
Gazzola, to allocate a maximum of $300,000. additional funding to the Battler Snow Storage Disposal
Facility capital project from the Development Charge Recovery reserve.
Councillor Gal loway- Sealock's motion was then voted on and was LOST on a recorded vote with
Councillor K. Galloway - Sealock in favour; and, Mayor B. Vrbanovic and Councillors J. Gazzola and Y.
Fernandes, S. Marsh, P. Singh, B. loannidis, S. Davey, and D. Schnider voting in opposition.
Councillors F. Etherington and Z. Janecki were absent this date.
A motion was brought forward by Councillor B. loannidis, seconded by Councillor P. Singh, to allocate
additional funds to allow for the inclusion of a washroom facility within the scope of the project.
Councillor loannidis' motion was then voted on and was Carried on a recorded vote with Mayor B.
Vrbanovic and Councillors D. Schnider, S. Marsh, P. Singh, B. loannidis, S. Davey in favour; and,
Councillors J. Gazzola and Y. Fernandes, and K. Galloway - Sealock voting in opposition. Councillors
F. Etherington and Z. Janecki were absent this date.
A motion was brought forward by Councillor B. loannidis, seconded by Councillor P. Singh, to allocate
additional funds to allow for the inclusion of landscaping along Battler Road within the scope of the
project.
In response to questions regarding the impact to the site by removing landscaping along Battler Road
from the scope of work, Mr. H. Gross explained that the deletion would be limited to plantings as the
GRCA requires the area to be seeded and top soil applied. He indicated that landscaping would be
performed as part of the restoration once the storm water extension along Battler Road has been
completed in approximately two years.
Councillor loannidis' motion was then voted on and was LOST on a recorded vote with Mayor B.
Vrbanovic and Councillors D. Schnider and Y. Fernandes in favour; and, Councillors K. Galloway -
Sealock, S. Marsh, P. Singh, B. loannidis, S. Davey, and J. Gazzola voting in opposition. Councillors
F. Etherington and Z. Janecki were absent this date.
A motion was brought forward by Councillor B. loannidis, seconded by Councillor P. Singh, to
approve Option C, as outlined in Report INS -16 -064, which approves additional funding in the amount
of $640,000. and represents the removal of landscaping from the scope of work in the Battler Road
Snow Storage Disposal Facility contract.
A recorded vote was requested.
Moved by Councillor B. loannidis
Seconded by Councillor P. Singh
"That additional funding of $640,000. be allocated to the Battler Snow Storage Disposal Facility
(SSDF) capital project from the Development Charge Recovery reserve."
In Favour: Mayor B. Vrbanovic and Councillors S.
Marsh, P. Singh, B. loannidis, D. Schnider and S.
Davey.
Contra: Councillors J. Gazzola, K. Galloway - Sealock
and Y. Fernandes.
Absent: Councillors Z. Janecki and F. Etherington.
Motion Carried.
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6. FCS -16 -123 — TENDER — SNOW STORAGE DISPOSAL FACILITY
Council considered Finance and Corporate Services Department report FCS -16 -123 (M. Palmer),
dated July 21, 2016.
A recorded vote was requested.
Moved by Councillor S. Marsh
Seconded by Councillor P. Singh
"That Tender T16 -077 Battler Road Snow Storage and Disposal Facility Construction, be
awarded to Gateman - Milloy Inc., Kitchener, Ontario, at their adjusted tendered price of
$2,585,855.02, including provisional items and contingencies of $124,690., plus H.S.T. of
$336,161.15, for a total of $2,922,016.17, landscaping along Battler Road removed."
In Favour: Mayor B. Vrbanovic and Councillors S.
Marsh, P. Singh, B. loannidis, S. Davey and D.
Schnider.
Contra: Councillors J. Gazzola, K. Galloway - Sealock
and Y. Fernandes
Absent: Councillors Z. Janecki and F. Etherington
Motion Carried.
Councillor J. Gazzola left the meeting at this time
7. NOISE EXEMPTION REQUESTS
Council considered noise exemption request recommendations arising from the Community and
Infrastructure Services Committee meeting held earlier this date. It was noted the address for the
noise exemption originally requested for 423 Lawrence Avenue was modified to 66 Gottscheer Court
at the request of the applicant.
Moved by Councillor K. Gal loway-Sea lock
Seconded by Councillor D. Schnider
"That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to Sherry Landry for a special event to be held at 66 Gottscheer Court on September 3, 2016,
between the hours of 3:00 p.m. and 11:00 p.m., outlined in Community Services Department
report CSD -16- 039 ".
Carried.
Moved by Councillor K. Gal loway-Sea lock
Seconded by Councillor D. Schnider
"That an exemption to Chapters 450 (Noise) and 270 (Parks) of the City of Kitchener Municipal
Code be granted to the Mt. Hope Neighborhood Association, for their Camping Event to be
held at Breithaupt Park on Saturday August 27 -28, 2016, between the hours of 5:00 p.m. and
10:00 a.m., as outlined in Community Services Department report CSD -16- 051. ".
Carried.
Moved by Councillor K. Gal loway-Sea lock
Seconded by Councillor D. Schnider
"That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted
to Mudderella Toronto at Bingemans Park, between the hours of 7:00 a.m. and 7:00 p.m. on
August 27, 2016, as outlined in Community Services Department report CSD -16- 059 ".
Carried.
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Councillor J.Gazzola returned to the meeting ot this time,
8. BILL 204 — PROMOTING AFFORDABLE HOUSING ACT
Council considered a recommendation arising from the Community and Infrastructure Services
Committee meeting, held earlier this date concerning Bill 2U4— Promoting Affordable Housing Act
recommendation,
Councillor P. Singh brought forward an amendment tuthe recommendation with an additional clause
prescribing legislative and regulatory requirements arising from Bill 204 include provisions to ensure a
balanced distribution of affordable housing across all area municipalities in two-tier municipalities.
Councillor Singh's amendment was then voted on and was Carried,
Moved 6y Councillor K. Gall kzuk
Seconded by Councillor D. Schnider
~That Community Services Department report CBC-16-054 regarding Bill 204 - Promoting
Affordable Housing Act be submitted to the Province, along with any comments via the online
feedback form; and further,
That any prescribed legislative and regulatory requirements arising from B0 204 include
provisions to ensure a balanced distribution of affordable housing across all area municipalities
in two-tier municipalities".
Carried.
9. BY-LAW FOR THREE READINGS
Moved by Councillor B.koann|d|s
Seconded by Councillor D. Schnider
"That leave Le given the Mover and Seconder to introduce m by-law b confirm all actions and
proceedings Vf the Council and that the same bo taken cmread a first, second and third times, bo
finally passed and numbered 2O1O-O7Oby the Qerk.^
On motion the meeting adjourned at5:33p.m.
MAYOR Q4# U
i! ', , ;I, CLERK